(6) A court granting relief to the foreign representative may condition such relief on compliance by the foreign representative with the orders of the court.

non main proceeding 49 66 12 Article 18. Notice of recognition and relief granted upon

Relief under article 17 is discretionary, as is the case with relief under article 15.

quot (f) granting other relief that may be available under the laws of this State or the laws of the State where the foreign proceeding is taking place. quot

This makes it possible to tailor the relief to the needs of the case.

Article 18. Notice of recognition and relief granted upon recognition

Relief envisaged by article 17 may be granted upon recognition of the foreign proceeding (unlike relief under article 15, which is available upon application for recognition).

One proposal was to require the foreign representative to state to the court the objectives of the foreign proceeding such a statement would assist the court in determining whether and what kind of relief should be granted.

Paragraph (1) had already taken into account the possibility of an urgent need for provisional relief by authorizing the granting of provisional relief prior to final recognition.

Such clauses also preclude the granting of relief in respect of human rights violations.

(c) Such relief may not extend beyond the date that recognition is granted or denied, unless extended under paragraph (2)(b)(ii).

Article 15 deals with relief that may be ordered at the discretion of the court (similarly as relief under article 17) and is available as of the moment of the application for recognition (unlike relief under article 17, which is available upon recognition).

In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide the author with an effective remedy, including adequate compensation, inter alia for the time of his detention and imprisonment.

A suggestion was made to subject the issuance of relief under article 15 to any exceptions or limitations applicable under the law of the enacting State, in the same way as was provided in article 16(2) for relief granted under that article.

Under article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide the author with an effective remedy, including information on the location where her son is buried, and compensation for the anguish suffered.

As provided in the draft Model Provisions, provisional relief was not automatically granted, and the foreign representative was only given the right to apply to the court for provisional relief.

Another suggestion was that the article should express only the purpose of the granting of relief, without giving a list of relief available to different types of foreign representatives.

The reason is that relief under article 15 (as well as article 17) is discretionary and there is, therefore, no need to make the issuance of the discretionary relief subject to exceptions and limitations contained in the law of the enacting State.

Notwithstanding article 11, a court shall refuse to recognize a foreign proceeding or to grant relief under this Law where the effects of such recognition or relief would be manifestly contrary to public policy.

In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide Ms. Hudoyberganova with an effective remedy.

If local law also required notice to be given of any relief granted under article 17, or where the court found such notice to be necessary, the provision of such notice might still be ordered by the court, as a condition for granting the relief, pursuant to article 19(3).

(c) extending relief granted under article 15

(a) extending relief granted under article 15

One particular factor to be taken into account in adapting relief to the circumstances of the case is whether the relief is for a foreign main or non main proceeding.

Working paper on an effective remedy in civil matters against violations of human rights by State agents

(b) The court shall order the foreign representative to give such notice as would be required for requests for provisional relief in the enacting State

quot (c) extending relief granted under article 15

Rations stored in the life rafts?

The determination that a foreign proceeding is main may affect the nature of the relief accorded to the foreign representative.

An award for damages was meant as a means of repairing a wrong, not as wage replacement and so M.B. was not in a position of double recovery for the same loss.

Article 17. Relief that may be granted upon recognition of a foreign proceeding

The following possible redraft of the provision was offered for consideration at the next session of the Working Group A court granting relief to the foreign representative may subject such relief to any conditions it considers appropriate .

The last suggestion was objected to since it was implicit, by virtue of the discretionary nature of the relief under article 17, that the court would, in deciding whether to give relief and how broad should the relief be, have regard to its own law.

. Turkey noted that, within the national law, victims of the crime of abuse of power were in a position to obtain redress from the public authorities.

The Committee considers that that should include the award of appropriate compensation for the ill treatment suffered on 4 May 1993.

(3) Unless extended under article 17(1)(c), the relief granted under this article terminates when the application for recognition is decided upon.

(3) Unless extended under article 17(1)(c), the relief granted under this article terminates when the application for recognition is decided upon.

The Committee recommends that information be promulgated about these remedies and that the State party take action to support women who are entitled to take advantage of them (arts. 3 and 26).

(f) extending relief granted under article 19(1)

The author emphatically asserts that she considered Government organs the last authorities in her case with respect to appellate remedies.

However, the Working Group considered that relief under article 15 (as well as article 17) was discretionary and that there was, therefore, no need to make the issuance of the discretionary relief subject to exceptions and limitations contained in the law of the enacting State.

(5) The court may at any time, upon request of a person or entity affected by relief granted or requested under this article, deny, modify or terminate such relief.

quot (3) The court granting relief to the foreign representative may subject such relief to conditions it considers appropriate. quot

9. The Committee is of the view that Mr. Lubuto is entitled, under article 2, paragraph 3 (a), of the Covenant, to an appropriate and effective remedy, entailing a commutation of sentence.

quot 3. A local proceeding shall prevail over the effects of recognition of a foreign proceeding and over relief granted to a foreign representative. quot